Welcome to MealPe Online Food Ordering POS Private Limited

The portal, https://mealpe.app and all its subdomains (the “Website”) and mobile application with the name and style ‘MealPe’, (the “App”) are owned and operated by MealPe Online Food Ordering POS Private Limited (“Company”, “us”, “we”, “our”),  a private limited company incorporated under the Companies Act, 2013, having CIN No. U62020GJ2023PTC139190 and its registered office at A-38, Vraj Vihar SOC, Vasna Road, Vadodara, Gujarat – 390007. The Website and App shall hereinafter, wherever the context may so require, be referred to as the “Platform”.

The Platform facilitates the online sale and purchase of food and other edible items between the restaurants and the customers, wherein it allows, restaurants to list their food and other edible products for sale, and customers to place orders for such food and other edible products, on the Platform (“Services”). The Services are only limited to the access and the use of the Platform and do not extend to any services provided or offered by the restaurants or any third party on the Platform, including preparing or delivering the food products. The Services may extend to such other services as may be introduced by the Company from time to time, including but not limited to delivery, restaurant management, POS, vendor marketplace, etc. (“Extended Services”), and the meaning of such Extended Services shall be construed within the meaning of ‘Services’. Accordingly, the terms of such Extended Services (as and when implemented) shall be read together with the conditions contained herein.

These terms and conditions (“Customer Terms”) govern the use of the Service by the end-customers (“you” or “Customer”) on the Platform, wherein the Customer can place the order for the food and other edible item (“Food Order”) as shall be made available by the restaurants (“Restaurants”) through listing its food and other edible and/or services on the Platform. It is hereby clarified that each Food Order placed on the Platform by you, shall be deemed to be a contract only between the Restaurant and the Customer, and the Company is not part of any contract or arrangement entered into in connection with the Food Order. The preparation, quality, and delivery of the Food Order is the sole obligation of the Restaurant and the Company hereby disclaims all liabilities whatsoever in this regard.

Please read these Customer Terms carefully before using the Services or accessing the Platform. Your clicking of the “I agree” button and/or accessing the Platform or Services will be deemed as your unconditional acceptance of these Customer Terms or any other terms of policies as applicable. If at any time, you do not agree or wish not to be bound by these Customer Terms, please do not access or otherwise use or continue to use the Platform, or you may terminate your agreement to these Customer Terms as per the terms contained herein, as the case may be.

These Customer Terms will be read together with the privacy policy (“Privacy Policy”) and terms of use (“Terms of Use”), as placed on the Platform and such other policies as the Company may notify from time to time, all of which will be deemed to be included herein by reference, and supersede any other previous oral and written terms and conditions (if any) communicated to you by the Company, for the use of the Platform.

These Onboarding Terms is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. USE OF PLATFORM

You agree and acknowledge that the Platform is an online platform that enables you to purchase the food and other edible products listed on Platform at the indicated price at any time from the serviceable locations. You agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on the Platform. Accordingly, such contract of sale of food and edible products on the website shall be a strictly bipartite contract between you and the Restaurant on the Platform.

2. ELIGIBILITY

• You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Customer Terms. You agree to use the Platform only in compliance with these Customer Termse and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

• Minor: You represent and warrant that in the event you are below the age of 18 (“Minor”), your use of Platform will be supervised at all times by your legal guardian and/or parents. You agree that you being a Minor and the legal guardian and/or your parents shall be responsible to comply with the terms of these Customer Terms. You and your legal guardian and/or your parents hereby agree to hold harmless and indemnify us or any other user of the Platform for any loss caused due to unauthorized or unlawful use of the Platform, with or without an account.

3. REGISTRATION AND OPERATION OF YOUR ACCOUNT

• In order to use the Platform and avail of the Services, you will have to register on the Platform. Registration is a one-time process and is free of cost. You may register in one of the following ways:

• By creating a Platform account: You can register by providing relevant information, such as your name, gender, and other details relevant to creating an account. Your login ID and password will be created basis the information provided by you, which you can use to access your Platform account at any time.

• By using a third-party account:You may use the login credentials from any third-party accounts maintained by you, as identified by the Company (for example, Google or Facebook). If you use such third-party account, you will also be subject to specific terms and conditions applicable to such account, as may be imposed by the relevant third party.

Your credentials shared by you at the time of registration and your Platform login ID and password are referred to as “Account Information”.

• You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You will at all times keep your Account Information current and accurate. You can access and update much of the Account Information you provided us.

• You will: (a) immediately inform the Company of any unauthorized use of the account or any other security breach, and (b) ensure that you log out of your account at the end of each session. The Company will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Customer Terms. You may be held liable for any losses incurred to the Company or any other user due to unauthorized use of their account, resulting from your failure to keep your Account Information safe, secure, and confidential. We reserve the right to refuse access to the Platform, terminate accounts, or remove or edit content at any time without notice to you.

4. COMMUNICATION AND UNSUBSCRIPTION

• You understand that once you have shared your Account Information and successfully registered on the Platform, you may receive SMS or email notifications from the Company relating to your registration and transactions on the Platform.

• You may also receive such notifications regarding any marketing / promotional activities that maybe available on the Platform from time to time. By sharing your Account Information and registering on the Platform and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

• The Company may also send notifications and reminders with respect to the Services on the Platform. While the Company endeavors to provide these notifications and reminders to you promptly, the Company does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.

• You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from the Company at any time by following the instructions set out in such communications.

5. LICENSE AND ACCESS TO PLATFORM

• Your use of the Platform, the Services, and access to the Platform Content (as defined below) is subject to a limited, revocable, and non-exclusive license which is granted to you when you register on the Platform. You will use the Platform solely for identifying food products and carrying out purchases of food products for your personal consumption.

• The license granted to you does not include a license for: (a) the resale of food products or commercial use of the Platform or the Platform Content, (b) any collection and use of product listings, description, or prices, (c) any use of the Platform, the Services and/or of the Platform Content other than as contemplated in these Customer Terms, (d) any downloading or copying of Account Information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of the Platform, (e) creating and/ or publishing your own database that features parts of the Platform.

• You grant to the Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Company, including the execution of deeds and documents, at its request.

• Please note that the Company at all times reserves the right to refuse your access to the Platform, terminate/deactivate your account, remove or edit content on the Platform, at its discretion. The Company may at its sole discretion change, modify, update, terminate, or otherwise amend these Customer Terms, at any time, for complying with legal and regulatory requirements, for other legitimate business purposes, or for any other reason, without notice and without liability to you or any third-party. The most current version of these Customer Terms, as indicated at the end of this document, will govern our relationship with you.

6. FOOD ORDER

• Our Contract of Sale

• Once you have placed an order with us for the purchase of a food product on the Platform, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgment that we have received your order and will be deemed to be accepted if the Restaurant accepts your order.

• Once the Food Order is accepted by the Restaurant, the Platform will show the estimate time of delivery of the Food Order. The Restaurant shall provide the estimated delivery time for delivery of each Food Order on the Platform.

• Except the unforeseen circumstances which are beyond the reasonable control of the Restaurant such as an act of God, flood, earthquake, fire, explosion, act of government, war, civil commotion, insurrection, embargo, riots, lockouts, labor disputes, systemic electrical, telecommunications, network or other utility failures, it is the obligation of the Restaurant to deliver the Food Order to the Customer within the time stipulated provided by it on the Platform.

• it will be the obligation of the Restaurant to prepare and deliver the Food Order in a timely manner to the Customer. Your order will be concluded when the Food Order is delivered to you and we may send a notification that the Food Order has been delivered to you (the “Delivery Confirmation”). We disclaim all liability with respect to the quality and delivery of the Food Order in a timely manner. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Delivery Confirmation to you.

• All the payment transactions in relation to the Food Order shall be the obligation of the third-party payment aggregator and third-party payment gateway (“Payment Service Provider”) enabled on the Platform. By using the Platform, you agree to use the Payment Service Provider in accordance with the terms and conditions for availing services by such Payment Service Provider. The Company disclaims any and all liability whatsoever that may arise in relation to payment or transaction on to the Platform, whether due to the error or failure or otherwise.

• By using the Platform, you expressly agree and acknowledge that:

• The Company does not make any representations or warranties in relation to the Food Order or services proposed to be sold, offered to be sold, or purchased on the Platform, including without limitation the quality, category and/or value thereof.

• The Company does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform;

• The delivery of the Food Order will be routed through the Restaurant or through its logistic service provider, as the case may be;

• The Company shall not have any liability for the food and other edible items or services that are listed on the Platform and the payment made for ordering such food items by using the Payment Service Provider;

• The Company shall not have any liability in relation to the successful completion of any Food Order undertaken on the Platform;

• use of services of the Payment Service Provider shall not render the Company liable in any manner whatsoever, with respect to the Food Order, including without limitation, for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, or fraud in relation thereto; and

• The Company neither acts as a trustee nor fiduciary with respect to any Food Order or price payment for Food Order, by allowing the services of Payment Service Provider on the Platform.

• Cancel and Refund

• You may cancel your Food Order at any time, however, your refund shall be subject to the conditions as laid down below:

1. If the Restaurant rejects the Food Order of the Customer, the Customer shall be eligible to receive a full refund of the Food Order.

1. You can cancel your Food Order at no cost at any time before the food has been placed for preparation by the Restaurant. Once the status/notification for the acceptance and preparation of food will commence, you will not be eligible to receive any refund, if you cancel thereafter and a 100% cancellation charge shall be applicable.

• In the event the Restaurant fails to deliver the Food Order even within 30 minutes of the estimated time of delivery (“ETD”) as appeared while placing the order on the Platform, you can cancel the Food Order after 30 minutes of the ETD. Unless the Food Order has been accepted by you, you may be eligible for a full refund of the Food Order on the grounds of delayed delivery in such case, and the Company may reimburse the Customer as per its own discretion, with cash or coupon subject to its terms and policies.

• Product Availability

We list availability information for the food products on the relevant webpage of the Platform, basis the information provided by the Restaurant. Beyond what we say on that webpage or otherwise on the Platform, we cannot be more specific about availability. As the Restaurant will process the order, you will be informed by e-mail or notification about the status and stages of preparation and out for delivery/delivery of the food products on the Platform.

• Food Order Pricing

• All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.

• Food Order in your shopping cart on the Platform will reflect the most recent price as displayed on the Food Order’s information webpage on the Platform. Please note that this price may differ from the price shown for the Food Order when you first placed it in your shopping cart. Placing a Food Order in your shopping cart does not reserve the price shown at that time.

7. PERSONAL INFORMATION PRIVACY

• During the course of your registration on and usage of the Platform or availing the Services, the Company may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, etc. (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

• The Company respects the sensitivity of the information about you and we appreciate your trust in us. You must take all necessary steps to secure and maintain the confidentiality of the SPI that you have transmitted in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and Information Technology (Security of Prepaid Payment Instruments) Rules, 2017. Your sharing of SPI on the Platform would be subject to the terms of the Privacy Policy. If you object to the terms of our Privacy Policy, please do not use or access the Platform or avail the Services.

8. CONTENT ON PLATFORM

• All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platform or any of the other Services are the property of the Company or its affiliates (“Platform Content”), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to the Platform whether or not displayed on the Platform, are proprietary to the Company.

• The Company may display on the Platform any third-party logos, trade names, trademarks of other brands, as per the license granted to the Company by such brands.

• No information, content or material from the Platform (including the Platform Content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without the Company’s express written permission. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s or its affiliates’ names or trademarks without the express written consent of the Company and/or its affiliates, as applicable. Any unauthorized use terminates the permissions granted in these Customer Terms.

9. DISCLAIMERS

• The Company will try to make access to and use of the Platform error-free and without interruptions. However, your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on the Platform. The Company does not take responsibility for any access or usage problems that arise from internet related issues at your end.

• All information in relation to third parties, including Restaurants and the food products listed by them on the Platform (“Third Party Information”) are provided only for reference. The Company, in its capacity of an intermediary under the applicable laws, is not endorsing Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.

• The Platform may contain user generated content which the Company does not pre-screen and which contains views that may be opinions of users/ experts. The Company will do its best to monitor, edit or remove such user generated content where it is necessary to do so (for instance, if such content violates these Customer Term). The Company does not promise that the user generated content on the Platform is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.

• To help you in identifying the food products of your choice, description of the food products are provided on the Platform by the relevant Restaurants through photographs, videos, charts, screenshots, infographics and other visual aids. We hereby disclaim our liability whatsoever if the food products when delivered may differ for various reasons.

• The Services included on the Platform are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. The Company does not covenant or provide any representations and warranties:

• in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on the Platform;

• that the Services will be made available at all times;

• that the operation of the Platform, including the functions contained in any content, information and materials on the Platform or any third-party sites or services linked to the Platform will be uninterrupted, or that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components; and

• that the Platform Content available on the Platform is complete, true, accurate or non-misleading.

• Any certification, licenses or permits (“Certification”) or information in regard to such Certification that may be displayed on the Restaurant’s listing page on the Platform is for informational purposes only. Such Certification is displayed by the Company on an ‘as available’ basis that is provided to the Company by the Restaurant. The Company does not make any warranties about the validity, authenticity, reliability, and accuracy of such Certification or any information displayed in this regard. Any reliance by a customer upon the Certification or information thereto shall be strictly at such customer’s own risk and the Company in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Restaurant.

• Please note that some of the food and beverages may be suitable for certain ages only. You should check the dish you are ordering and read its description, if provided, prior to placing your order on the Platform. The Company shall not be liable in the event the food and beverages ordered by you does not meet your dietary or any other requirements and/or restrictions.

• Parties other than the Company and its affiliates may operate stores, provide services, or list or sell food product lines on the Platform. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content made available by them. The Company does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. The information displayed on the Platform is for informational purpose only, and does not amount to or be deemed to be an endorsement of any product or service under any circumstances.

• To the extent permitted by applicable law, the Company disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Platform.

• The Company is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third party platforms, you are doing so entirely at your own risk and expense.

10. USER WARRANTIES AND RESTRICTIONS

• You represent and warrant that: (a) your use of the Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to the Company in connection with the Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Platform policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, the Company will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify the Company and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

• You will use the Platform for lawful purposes only, and will not undertake any activity that is harmful to the Platform or its content or otherwise not envisaged through the Platform. You have a limited license to access and use the Platform, solely for the purpose of availing the Services, subject to these Customer Terms.

• The use of the Platform by you is restricted to personal use only, and you will not use any portion of the Platform (including the contents on the Platform) or Services for any resale or commercial purpose

• You will not do any of the following:

• Delete or modify any content on the Platform, such as any information regarding the Services, their performance, sales or pricing;

• Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search the Platform;

• Make false or malicious statements against the Services, the Platform or the Company;

• Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform and/or the Services;

• Introduce any trojans, viruses, any other malicious software, any bots or scrape the Platform for any information;

• Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;

• Hack into or introduce malicious software of any kind onto the Platform;

• Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or

• Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.

• You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through the Platform, any information that:

• belongs to another person and to which You do not have any right;

• is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;

• harms minors in any way;

• infringes any patent, trademark, copyright or other proprietary rights;

• violates any law for the time being in force;

• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

• impersonates or defames another person; or

• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

11. INDEMNIFICATION AND LIMITATION OF LIABILITY

• You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platform or the Services, violation of these Customer Terms, or infringement of any intellectual property or other rights of the Company or any third-party. The Company will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide the Company with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.

• To the fullest extent permitted by law, in no event shall the Company or any of its directors, officers, employees, agents or content or service providers (collectively, the “The Company Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, The Platform or the content, materials and functions related thereto, the Services,provision of information via the Platform, lost business, even if such the Company Representatives have been advised of the possibility of such damages.

• In no event shall the Company Representatives be liable for:

• the use or inability to use the Platform and/or the Services;

• any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platform;

• any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or

• any other matter relating to the Platform or the Services.

• The Company is neither liable nor responsible for any actions or inactions of the other users of the Platform or any breach of conditions, representations or warranties by them. The Company is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Platform.

• None of the directors, officials or employees of the Company shall be personally liable for any action in connection with the Platform or the Services.

12. ACCESS OUTSIDE THE REPUBLIC OF INDIA

The Company makes no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Any users who use or access the Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Customer Terms do not constitute, nor may these Customer Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

13. TERM AND TERMINATION

• These Customer Terms shall be effective from the date of their publication on the Platform.

• The Company reserves the right to terminate the Services in the event of breach of any terms contained in these Customer Terms, misrepresentation of information, any unlawful activity by you, or if the Company is unable to verify or authenticate any information submitted by you.

• You may terminate these Customer Terms at any time, provided that you discontinue any further use of the Platform or Services. However, any such termination shall not cancel your obligation to pay for the food product purchased on the Platform, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

14. FORCE MAJEURE

The Company will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond The Company’s reasonable control.

15. WAIVER

No provision in these Customer Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by the Company. Any consent by the Company to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

16. SEVERABILITY

If any provision of these Customer Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Customer Terms and the remainder of these Customer Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Customer Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

17. GRIEVANCE REDRESSAL

You may submit any grievance with respect to the Platform or the Services, including with respect to any abuse on the Platform including any discrepancies or grievances with respect to access or usage of the Platform in violation of these Customer Terms by any person, to the Grievance Officer at:

18. GOVERNING LAW AND DISPUTERESOLUTION

These Customer Terms, all transactions consummated between the Company and you, and the relationship between the Company and you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Ahmedabad.

19. AMENDMENT

These Customer Terms are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Customer Terms as available on the Platform. Your relationship with the Platform will be governed by the most current version of these Customer Terms, as published on the Platform.

20. MISCELLANEOUS

• In addition to these Customer Terms, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that the Company will not be liable for any transaction between itself and any such third parties.

• These Customer Terms supersede all previous oral and written terms and conditions (if any) communicated to you by the Company, for the use of the Platform, and the rights and liabilities with respect to any Services to be provided by the Company shall be limited to the scope of these Customer Terms.

21. NODAL OFFICER